Advocate Lavika Gupta

Questions Answered by Advocate Lavika Gupta

Q: what is first motion and second motion in mutual divorce mean ?

What is the meaning of first motion in divorce given by the judge in case of mutual divorce.. After couple have decided on final list of amount etc . When Will the FIR and other complaints be removed including dv court case.

Advocate Lavika Gupta answered
If you have opted to go for first motion then you must make a compromise deed with your spouse in which you have to clearly mentioned that when will other cases will be withdrawn and when you both have to go for FIR quashing.

Q: What is the right time to hand over xerox copies of property documents? Specifically, can a xerox of

Hi, I have a property in Delhi that I agreed to sell last week. Without signing any agreement, the potential buyer gave me Rs. 1 lakh as token money and is now demanding xerox copies (marked crossed) of the property, as he wants to make a Bayana. I want to know if it is legally right to hand over the documents or if I should refuse and tell him that we won't hand over anything until the Bayana is signed and we receive at least 10% of the total sum as insurance. Can xerox of the sale deed be misused? If a xerox of property papers is given to a broker, is there any problem? Please guide me through this process.

Advocate Lavika Gupta answered
Sir firstly you have to make an agreement to sell with that buyer and fix a date for the execution to that agreement in which you have got your entire sale transaction amount then only handover the documents to the buyer.

Q: Legal action against neighbours who are constantly creating problems

Sir, I am a 20-year-old girl studying medicine from a well-educated and disciplined family. We are currently living in a rented house. My parents and I have been facing constant problems from our neighbors. They are always trying to dominate us, create unnecessary fights, and behave very badly, especially with my parents. For the past 4 years, we have not even spoken to them, yet they continue to mentally harass us. There is no peace at home because of them—we can't even sleep properly due to their behavior.

As a girl, my parents ask me not to get involved in such matters, but it’s very painful and shameful to stand by and watch this happen. I want to help, and I want this to stop. These neighbors act as if they own the place, even though we are also tenants like them. Their torture is becoming unbearable.

• Can I file a complaint against the neighbour?
• Where should I go for help? Can I approach any NGO for support or file an online complaint against my neighbour or with the police?

Advocate Lavika Gupta answered
Ma’am, you can file a civil suit for an injunction against your neighbours. In this case, you can request the court to issue a restraining order so that they are legally stopped from disturbing or interfering with your peaceful living.

If you also want to take criminal action, you can file a police complaint against your neighbours for harassment or any threats made by them. Both legal options are available depending on the seriousness of the situation.

Q: Legal action against single man having affair with married woman

What's the punishment, under the Indian law, for an unmarried Government employee male having an illegal affair with a married woman? is it illegal to have affair with married woman ?

Advocate Lavika Gupta answered
Sir you can file a criminal case against that government servant who is engage with the married women as per law if a person has the affair with married women then he is liable for punishment in criminal law.

Q: Can a case be filed against a son for not taking care of his parents?

What are the criminal charges against a son who does not take care of his mother? She is a paralysis patient and above 80 years old. What criminal laws and IPC sections apply to provide justice? How can a case be filed against him? What is the punishment for not taking care of parents in India?

Advocate Lavika Gupta answered
You can file a civil case under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which safeguards the rights of senior citizens and legally compels children to provide care and support to their parents. If you seek a criminal remedy, you may also file a harassment case against the son under relevant provisions of the law.